Child porn suspect's criminal past clouded

Wednesday

Feb 6, 2013 at 3:15 AMFeb 6, 2013 at 2:53 PM

By Andrea Bulfinchabulfinch@fosters.com

GREENLAND — Following recent child pornography charges brought against former St. Thomas Aquinas High School music teacher Daryl Robertson, confusion surrounds the question of whether the defendant does or does not have an actual criminal record.

In 2008, Robertson was arrested and charged with sexual assault for allegedly touching the genitals of an 18-year-old student using the “element of surprise.”

He was represented then — as he is now — by attorney Alan Cronheim, who Foster's could not reach for comment Monday or Tuesday.

Mark Sisti, a principal partner of Sisti Law Offices, spoke on behalf of Cronheim Tuesday stating, “We're not going to go any further with comments at this time” regarding the Robertson case.

Robertson sought post-conviction relief from Superior Court from his 2008 conviction, which was granted, though it is unclear whether his initial conviction at Portsmouth District Court was ever finally annulled.

Due to new laws since the annulment, it is also unclear whether Robertson actually has a criminal record based on his conviction before any new annulment law was formed in 2011.

Robertson was acquitted by a jury in superior court on the same facts that led to his conviction in District Court, according to Strafford County Attorney Tom Velard, who, knowing Robertson had a plan to again work with children one day, objected to Robertson's post-conviction relief.

“My concern at the time that I entered my objection was that I knew that this man would be seeking teaching jobs in the future,” Velardi said.

Robertson is currently facing seven charges of possessing child pornography after materials were found in the bedroom of his former home in Greenland.

Velardi also said he doesn't often object when an annulment is granted or people are found not guilty by a jury. That objection, he said, is very rare.

But twice, he has found himself putting the safety of the public and children as priority, and both instances involved crimes against children.

“People have a right to know whether this man should be around children and be able to make an informed decision. While an annulment erases a conviction, he said, it does not erase the evidence that brought the conviction in the first place.

As a public safety officer, Velardi said he felt an unending need to protect people from having the same issues arise in the future.

“Why would we prevent people from knowing and being able to ascertain for themselves what the facts were?” he asked.

Just last summer Velardi sent under a Right to Know request, the Massachusetts Board of Education the Police Department incident notes pertaining to Robertson when he was seeking employment there.

“The facts of the case are not annulled,” he said. “Those facts always exist.”

Another case where he felt compelled to provide information, was when there was a child's adoption — and well being — at stake.

“I was fearful that down the road, that children could have been placed at risk,” he said.